Judge throws out expert evidence during trial in excoriating ruling – Litigation Futures

‘The High Court has excluded three expert witness statements during the trial after ruling that their opinions appeared “directly influenced” by the instructing party.’

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Litigation Futures, 2nd June 2021

Source: www.litigationfutures.com

Digital forensics experts prone to bias, study shows – The Guardian

Posted June 1st, 2021 in bias, computer programs, evidence, expert witnesses, news by sally

‘Devices such as phones, laptops and flash drives are becoming increasingly central to police investigations, but the reliability of digital forensics experts’ evidence has been called into question.’

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The Guardian, 31st May 2021

Source: www.theguardian.com

CPS statement on Hillsborough ruling – Crown Prosecution Service

‘The Nightingale Court at The Lowry Theatre, Manchester, has found there is no case for Peter Metcalf, former Chief Superintendent Donald Denton and former Detective Chief Inspector Alan Foster to answer on the charges of perverting the course of justice in relation to their actions following the Hillsborough disaster in 1989.’

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Crown Prosecution Service, 26th May 2021

Source: www.cps.gov.uk

Hillsborough: why has the trial collapsed and what happens next? – The Guardian

‘A judge has stopped the trial of two former South Yorkshire police officers and the force’s former solicitor, who had been charged with perverting the course of justice for amending police statements after the 1989 Hillsborough disaster.’

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The Guardian, 26th May 2021

Source: www.theguardian.com

The Times, They Are A-Changin’ [Again] – Carmelite Chambers

‘For those practitioners who thought that a positive decision from the Single Competent Authority as to whether a defendant was a victim of trafficking is admissible, having been settled since early 2020 with the Divisional Court decision in DPP v M [2020] EWHC 344 Admin, well…think again.’

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Carmelite Chambers, 20th May 2021

Source: www.carmelitechambers.co.uk

Pension sharing orders: Finch v Baker – Family Law

Posted May 20th, 2021 in divorce, evidence, financial provision, news, pensions, taxation by tracey

‘The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially conduct arguments contrary to s25(g) through the back door by making “negative contribution” arguments, and it also highlights the importance of ensuring that you adduce and apply for the most appropriate and necessary evidence in advance of a hearing. Simply arguing that an updated pension report is needed, following an appeal hearing, on the basis that the pension sharing order made would not reflect the judge’s intentions as the CE figures would be significantly out of date, is insufficient and misconceived.’

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Family Law. 14th May 2021

Source: www.familylaw.co.uk

Rape victims in England and Wales to give video evidence to boost convictions – The Guardian

‘Rape victims in England and Wales will be able to provide their evidence on video prior to a trial to help improve conviction rates, it is understood.’

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The Guardian, 17th May 2021

Source: www.theguardian.com

Lies and Lucas in the Family Court – Local Government Lawyer

‘Andrew Bagchi QC and Anna Lavelle examine an important Court of Appeal ruling on fact-finding hearings and Lucas directions, and considerations of children giving oral evidence in family proceedings.’

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Local Government Lawyer, 14th May 2021

Source: www.localgovernmentlawyer.co.uk

Alexandra Wilson examines the Court of Appeal ‘Encrochat’ judgment: A, B, D & C v Regina [2021] EWCA Crim 128 – 5SAH

‘The Court of Appeal (“the Court”) were asked to determine whether evidence obtained from the EncroChat application (“the EncroChat material”) can be admitted in evidence in criminal proceedings, or whether it is excluded by the Investigatory Powers Act 2016 (“the 2016 Act”).’

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5SAH, 25th March 2021

Source: www.5sah.co.uk

Johnny Depp loses bid to overturn High Court libel ruling that he assaulted Amber Heard – The Independent

Posted March 26th, 2021 in appeals, deceit, defamation, divorce, domestic violence, evidence, media, news by tracey

‘Johnny Depp has lost a bid to overturn a damning High Court ruling which concluded he assaulted his ex-wife Amber Heard and left her in “fear for her life”.’

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The Independent, 25th March 2021

Source: www.independent.co.uk

Shrewsbury 24: how industrial action led to 47-year fight for justice – The Guardian

‘The industrial action that led to the convictions of union activists and a 47-year campaign to clear their names took place as Edward Heath’s Conservative government sought to weaken the economic power of trade unions.’

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The Guardian, 23rd March 2021

Source: www.theguardian.com

Shrewsbury 24: court of appeal overturns 1970s picketing convictions – The Guardian

‘Court of appeal judges have overturned the criminal convictions of a group of trade unionists, including the actor Ricky Tomlinson, after a campaign lasting more than four decades.’

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The Guardian, 23rd March 2021

Source: www.theguardian.com

Judge allows use of documents shared by mistake – Law Society’s Gazette

Posted March 23rd, 2021 in disclosure, documents, evidence, news, privilege, solicitors, witnesses by sally

‘A High Court judge has granted defendants permission to use documents inadvertently shared by the claimants’ solicitors before trial.’

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Law Society's Gazette, 22nd March 2021

Source: www.lawgazette.co.uk

Court allows defendants to use statements disclosed by mistake – Litigation Futures

Posted March 22nd, 2021 in disclosure, documents, evidence, news, privilege, solicitors, witnesses by tracey

‘The High Court has granted permission to defendants to use the contents of four otherwise privileged witness statements which were disclosed by the claimants’ solicitors by mistake.’

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Litigation Futures, 22nd March 2021

Source: www.litigationfutures.com

Judge says recent case shows how exceptional circumstances must be if court is to use its power to dismiss care proceedings without having heard all the evidence – Local Government Lawyer

‘A Family Court judge has refused applications to dismiss care proceedings at a half-way stage made by a number of people accused of sexual offences against children.’

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Local Government Lawyer, 12th March 2021

Source: www.localgovernmentlawyer.co.uk

New Requirements for Witness Statements – 3 Hare Court

‘From 6 April 2021, a new regime for witness statements in the Business and Property Courts will come into force. Practice Direction 57AC will introduce significantly tighter requirements that will apply to all trial witness statements signed on or after 6 April 2021, including those in claims that have already been issued.’

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3 Hare Court, February 2021

Source: 3xuhxi1g279p1z966c3knla6-wpengine.netdna-ssl.com

Nazir Ahmed trial collapses due to ‘disgraceful’ late disclosure of evidence – The Guardian

‘The trial of a former Labour peer accused of sexually abusing younger children has collapsed due a “disgraceful” late disclosure of evidence by the prosecution, a judge has said.’

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The Guardian, 9th March 2021

Source: www.theguardian.com

A new approach to witness statements in the Business and Property Courts: the new Practice Direction 57AC – Hardwicke Chambers

‘The new Practice Direction 57AC (Witness evidence at trial) is set to significantly alter the approach taken to witness statements in the Business and Property Courts (B&PCs) by introducing new rules to deal with “the phenomenon over-long, over-lawyered trial witness statements” (paragraph 10 of the Factual Witness Evidence in Trials before the Business & Property Courts: Implementation Report of the Witness Evidence Working Group (31 July 2020) (Implementation Report). It will apply in the B&PCs to witness statements signed on or after 6 April 2021 in both new and existing proceedings (paragraph 1.1, PD 57AC. Note that certain types of proceedings are excluded unless the court directs otherwise: see paragraph 1.3).’

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Hardwicke Chambers, 4th March 2021

Source: hardwicke.co.uk

Call for vulnerable victims to give video evidence amid courts backlog – The Guardian

‘Up to 10,000 vulnerable victims facing long delays for trials should be allowed to give evidence by video in an attempt to stop them falling out of the system, according to the victims’ commissioner for England and Wales.’

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The Guardian, 5th March 2021

Source: www.theguardian.com

Doctors acted unlawfully in deciding on eligibility for drug – Court of Appeal – UK Human Rights Blog

Posted March 4th, 2021 in children, evidence, judicial review, medical treatment, medicines, news by sally

‘Sophie Basma (“Sophie”) is 10. She suffers from Type 3 Spinal Muscular Atrophy (“SMA”). SMA is a rare, genetic, neuromuscular disease which progressively leads to sufferers being unable to walk or sit unaided with devastating consequences on their quality of life. Sophie can no longer walk. There is medication for SMA sufferers which would have had the potential of helping Sophie regain her ability to work. But the NHS Trust had concluded that Sophie did not meet the eligibility criteria for this new medication, “Nusinersen”.’

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UK Human Rights Blog, 4th March 2021

Source: ukhumanrightsblog.com